Hit pedestrian - help

[pork911]

clarkmagpie said:

Will have to stop the old 10 points for an OAP joke.
At least for a little while?

pure class

hopefully nothing will happen to make that feel a bit off

but of course your shocked wife has told you want happened on the phone from the scene so there's nothing else that could possibly transpire hey

[Yazar]

Dr Jekyll said:

rs1952 said:

A few years ago I was a witness to an accident where a couple of young girls (11 and 13 or thereabouts) were out with a Labrador when it suddenly slipped its lead, ran into the road and got bowled over by a car. The dog yelped, got up, and ran away. The girls were understandably hysterical.

It turned out they only lived a couple of hundred yards away so I went home with them and explained what had happened to their mother. The dog was already there licking its wounds.

A couple of months later I got a letter from a firm of solicitors acting for the driver who was trying to claim for damage to his bumper.

They never got a reply, and I would dearly have loved to have met that driver down an alley one dark night whilst taking a pickaxe handle home from B&Q. The swear filter will prevent me telling you what I thought of the bloke, but the word has a "c" at the beginning, a "t" at the end, and there is an "n" and a "u" in it...

How was it the drivers fault?

+ 1

What on earth are you on about rs1952.

[clarkmagpie]

Well impact was circa 10mph and slowing down.
Guy hit his shoulder and promptly landed on his bottom.
Got back up again.
Talking normally and not in any pain.
Taken to hospital as precaution.
Was in between 2 street lights so on a dark stretch of road.
Busy traffic

She noticed him step out but couldn't stop in time.
He stepped out from drivers side pavement, across 1 lane.
Which I agree looks like a fair bit of time to notice, but dark road and unexpected...

She has to go to the police station tomorrow to give a statement.
She is taking a colleague for support.
Would she be better taking a solicitor?

[essayer]

rs1952 said:

The swear filter will prevent me telling you what I thought of the bloke, but the word has a "c" at the beginning, a "t" at the end, and there is an "n" and a "u" in it...

Chestnut??

[Higgs boson]

essayer said:

Chestnut??

[Mk3Spitfire]

clarkmagpie said:

Well impact was circa 10mph and slowing down.
Guy hit his shoulder and promptly landed on his bottom.
Got back up again.
Talking normally and not in any pain.
Taken to hospital as precaution.
Was in between 2 street lights so on a dark stretch of road.
Busy traffic

She noticed him step out but couldn't stop in time.
He stepped out from drivers side pavement, across 1 lane.
Which I agree looks like a fair bit of time to notice, but dark road and unexpected...

She has to go to the police station tomorrow to give a statement.
She is taking a colleague for support.
Would she be better taking a solicitor?

There is a thread going at the mo re taking a solicitor, can't link as on phone, but might be worth a glance.

Attending to give a statement? Or to be interviewed? Very different.

[Bigends]

Mk3Spitfire said:

clarkmagpie said:

Well impact was circa 10mph and slowing down.
Guy hit his shoulder and promptly landed on his bottom.
Got back up again.
Talking normally and not in any pain.
Taken to hospital as precaution.
Was in between 2 street lights so on a dark stretch of road.
Busy traffic

She noticed him step out but couldn't stop in time.
He stepped out from drivers side pavement, across 1 lane.
Which I agree looks like a fair bit of time to notice, but dark road and unexpected...

She has to go to the police station tomorrow to give a statement.
She is taking a colleague for support.
Would she be better taking a solicitor?

There is a thread going at the mo re taking a solicitor, can't link as on phone, but might be worth a glance.

Attending to give a statement? Or to be interviewed? Very different.

Id wait and see what happens tomorrow. Theyll be confirming driver details, docs etc. See if shes being accused of anything or just want a S.9 witness statement

Edited by Bigends on Tuesday 16th December 19:15

[boyse7en]

essayer said:

Chestnut??

Not that old one...

[KrazyIvan]

essayer said:

Chestnut??

You fool, it's clearly coconut....

As for the op, you do seem to be more concerned for your Mrs' car, then the Mrs or the old fella. Just remember cars are easier to fix then people.

[Yazar]

clarkmagpie said:

Well impact was circa 10mph and slowing down.
Guy hit his shoulder and promptly landed on his bottom.
Got back up again.
Talking normally and not in any pain.
Taken to hospital as precaution.
Was in between 2 street lights so on a dark stretch of road.
Busy traffic

She noticed him step out but couldn't stop in time.
He stepped out from drivers side pavement, across 1 lane.
Which I agree looks like a fair bit of time to notice, but dark road and unexpected...

She has to go to the police station tomorrow to give a statement.
She is taking a colleague for support.
Would she be better taking a solicitor?

Why is she taking a colleague- better qualified? as I would want to be there personally.

[rs1952]

Yazar said:

Dr Jekyll said:

rs1952 said:

A few years ago I was a witness to an accident where a couple of young girls (11 and 13 or thereabouts) were out with a Labrador when it suddenly slipped its lead, ran into the road and got bowled over by a car. The dog yelped, got up, and ran away. The girls were understandably hysterical.

It turned out they only lived a couple of hundred yards away so I went home with them and explained what had happened to their mother. The dog was already there licking its wounds.

A couple of months later I got a letter from a firm of solicitors acting for the driver who was trying to claim for damage to his bumper.

They never got a reply, and I would dearly have loved to have met that driver down an alley one dark night whilst taking a pickaxe handle home from B&Q. The swear filter will prevent me telling you what I thought of the bloke, but the word has a "c" at the beginning, a "t" at the end, and there is an "n" and a "u" in it...

How was it the drivers fault?

+ 1

What on earth are you on about rs1952.

These couple of comments have rather dented my faith in human nature (not that I had very much in the first place, but that's another matter)

1. The fault lay exclusively with the dog
2. Unlike car drivers, dogs generally don't have third party insurance
3. As a witness to the incident, I noticed no more than a minor scratch on a plastic bumper (probably caused by a stud in the dog's collar, if indeed the scratch wasn't there before the accident - who knows?
4. I would find it difficult to apportion any blame to the girls involved and, even if I could, they had been punished enough by seeing their pet dog clouted by a car.
5. Shyte happens.

In my view, this Canute (that's the word nobody could guess ) was trying to milk the situation. And people who milk situations like this don't deserve to be pissed on if they are on fire. All IMHO of course.

But then, I've only been driving for 47 years. What the feck do I know?

[LucreLout]

allergictocheese said:

In any case, your OH might need a stiff drink and a supportive partner tonight.

That, or a supportive drink and a stiff partner. You can never be sure how they'll react to things like this.

[rambo19]

Blackpuddin said:

rambo19 said:

Must admit, if the peds at fault, a claim of his house insurance is in order.

Aye, sue the old codger out of his home if necessary, he deserves nothing less for impeding the halting progress of a PHer's missis.

How is it different from me mounting pavement and hitting a ped, and ped claiming from my insurance?

I for one am fed up with people just walking out in front of me without even looking.
Maybe if more people claimed against a ped walking out in front of them, maybe people would be a bit more careful when crossing the road.

[mph1977]

rambo19 said:

Blackpuddin said:

rambo19 said:

Must admit, if the peds at fault, a claim of his house insurance is in order.

Aye, sue the old codger out of his home if necessary, he deserves nothing less for impeding the halting progress of a PHer's missis.

How is it different from me mounting pavement and hitting a ped, and ped claiming from my insurance?

I for one am fed up with people just walking out in front of me without even looking.
Maybe if more people claimed against a ped walking out in front of them, maybe people would be a bit more careful when crossing the road.

how can you claim against someone doing something totally legal ? it is the responsibility of a motor vehicle driver to take best efforts in preventing hitting other road users or the scenery.

[Yazar]

mph1977 said:

how can you claim against someone doing something totally legal ? it is the responsibility of a motor vehicle driver to take best efforts in preventing hitting other road users or the scenery.

From the Highway Code point of view, Safety is the responsibility of all road users,so not just the vehicle driver but also pedestrians crossing the road.

https://www.gov.uk/rules-pedestrians-1-to-35/cross...

[Centurion07]

mph1977 said:

how can you claim against someone doing something totally legal ? it is the responsibility of a motor vehicle driver to take best efforts in preventing hitting other road users or the scenery.

It's also the responsibility of a pedestrian to look out for their own safety, especially if not doing so will damage my property.

You do realise that no matter how slow you drive, it's possible for a pedestrian to walk out in front of you leaving you NO time to react?

[Nigel Worc's]

rambo19 said:

How is it different from me mounting pavement and hitting a ped, and ped claiming from my insurance?

I for one am fed up with people just walking out in front of me without even looking.
Maybe if more people claimed against a ped walking out in front of them, maybe people would be a bit more careful when crossing the road.

My statement of "A pedestrian always has priority over a motor vehicle" isn't actually 100% correct as far as the law stands, especially civil law.

But if you take it in the spirit I mean it, it'll help you understand why car drivers very rarely manage to claim damages from pedestrians, even when the pedestrian is the "guilty" party in an accident.

[Baryonyx]

rs1952 said:

They never got a reply, and I would dearly have loved to have met that driver down an alley one dark night whilst taking a pickaxe handle home from B&Q. The swear filter will prevent me telling you what I thought of the bloke, but the word has a "c" at the beginning, a "t" at the end, and there is an "n" and a "u" in it...

Fairly strong feelings (and threats of violence) for a bloke who just wants his car repaired after it was damaged through no fault of his own.

[anonymous-user]

rs1952 said:

1. The fault lay exclusively with the dog
2. Unlike car drivers, dogs generally don't have third party insurance

1. There is only one person responsible for a dogs actions - the owner

2. Yes they do. Pet insurance includes 3rd party liability cover for exactly these situations.

[Sheepshanks]

clarkmagpie said:

Then I will ask how earth she never saw him make his kamikaze dash across the road.

That's why she'll be getting done for careless driving.

Oh, and she'll get a bill for the ambulance too.